Hello,

i have get my GC at Juli 2001 for 5 years. I applyed on March for NE, but didnt get it beacuse my work contract is limited till end of August. They give me an extension just for 1 year.

Did anybody knows is this ok.

Regards,
Kosovar.

yes - it seems to be ok

Sorry, I don't agree. Perhaps you need to take a different approach. I suspected my short contract might factor in on the decision for my NE - in order to counter that, I brought all my tax records along with a letter from my Steurberater estimating my income for the years I had not yet filed ( as an independant you have about 1 1/2 years longer to file ). The approach seemed to work.

I was not part of the green card program - but I received a "normal" visa to come here as an inpedendant consultant.

My contracts have never been more than 6 months - so if I say the average time remaining on my contracts I presented was 3 months - it wouldn't be far off.

My first 2 visas were one year. then I received a two year visa and went straight into NE ( at four years ).

I had never been to the Auslander office until I went for my NE interview. The original visas were applied for by a relocation firm and I had one of their staff come along with me for my NE also just to make sure everything was running smooth ( and to talk to in German while I waited - just to get me "thinking" German before the interview since I really don't speak the language that much or that well" ).

The relocation firm was not very expensive - about 2 or 3 hundred euros each time. Believe me, the savings in stress and time were well worth the money!!

Hello mlovecan,

thanks for reply.
Maybe there is a different "law" for you and for us(GC Holder).
I have two months from now to work but they told that it is not enought.
At the time that i have applied for NE i have 6 months to work.
I couldnt work as freelancer, and that the difference between our status.
Maybe i should speak with a lawer.

Regards,
Kosovar

My first 2 visas were one year. then I received a two year visa and went straight into NE (at four years ), it's normal that they then extended it for 1 year because you need 5 years to even try to think of applying for NE, unless you fall under §19.

D.

Hi,

does anybody knows if the 5 year work contract, regarding to the GC & IT ARGV, are an "must" ?
What i am trying to say is if the company must do these contracts or is it free to deside what kind of contract they give to an employeer.

Do we have a link from IT ARGV law or PDF document?

Regards,
Kosovar.

Work contract duration is company's free decision. This is(was) not regulated per law in case of GC, therefore there is no link or paragraph which talks about the issue. Company decides it on his own.

However I saw that some companies insist on limited contracts because they believe that you are not eligable for an unlimited contract with a limited work-permit which is indeed totally false.

Regards,

Lacrima

I have a question regarding my problem. I came to germany from India in Oct 2000 to do my Ph.D .
I got a student visa but I had a job contract (20Hr per week) from the same university, so I have paid all the taxes etc. But in 2004 April I changed my visa status to aufenhalt erlaubis to get the kindergeld for my new born baby, but my job contract was same as before (20hr). On 2005 Nov I finished my Ph.D and joined another university as post.doc ( job contarct 42 hr ) and visa is same. So my question is I have paid all the taxes for last 68 months .....
wheather I am eligible for permanent residenceship or not in germany?

@rsudip

It would be nice, if you could open a new topic when you ask totally a new question.

If your current and/or previous residence permit was given according to §16 AufenthG, then the chances are very low for NE with the current laws.

Regards,

Lacrima

Another question:
is a five year work contract allowed with german work law?
I thought max it could be limited to 2 years or two times 2 years.
How is it regulated on work law and GC law???

Does anybody knows.

Thanks

I take this guys...

Kosovor posted on 28/06/2006 4:40 pm:

is a five year work contract allowed with german work law?

Yes. Because work contracts are totally independent upon the law and vice versa.

I thought max it could be limited to 2 years or two times 2 years.

It seems that this is your practice with your employer. I am also a GC holder, but my work contract is unlimited. It is dependent upon your employer. The contract time does not have to do with laws, instead, it has to do with what your employer offers to you, ie. your relationship with your boss.

How is it regulated on work law and GC law???

Firstly GC law is not effective any more. instead, ZuwG (Zuwanderungsgesetz, Immigration Law) is effective. Unlike IT-ArGV (GC), in this law no time limit is defined for residence permit related to work definition.

It seems, as a GC holder, you are not aware of what is happening around you.

Don't expect that you will get a long, detailed answer above, to all of your questions.

Please follow the news, watch news in TV... And Read The "friendly" Forum. And visit following web site. Each foreigner in Germany must do it:
http://aufenthaltstitel.de/

Klenze17.

German Employment law tends to view fixed term contracts as an exception. Between two fixed term contracts there must be at least a 2 year break, otherwise it will be presumed that it is a permanent employment. This has changed a lot in the last years because many companies really don't know if they will be able to support permanent employees, so many regions turn a blind eye.

http://www.bernhard-stiedl.de/befristung.htm

Thank a lot aalvarez.


@klenze17

not everybody is so smart as you!!!!!!